Digital Personal Data Protection Act

Context:

The President has given official approval to the ‘Digital Personal Data Protection Bill’, signifying its enactment into law.

About Digital Personal Data Protection Act:

  • Aim – Regulate collection, storage, and processing of personal data.
  • Recommended by–Justice B N Srikrishnacommittee

Personal Data refers to any data through which an individual can be identified, Includes details like name, address, and similar identifying information.

Data Principal is defined as the individual from whom data is collected. It has rights to access, correct, erase, and nominate a representative.

Data Fiduciary refers to the entity in control of data processing.

  • Consent – Consent not needed for ‘legitimate uses’ as defined.
  • Accessible in languages recognized in the 8th schedule of the Indian Constitution.
  • Data Protection Board of India:
    • Monitors compliance, imposes penalties, hears grievances.Tenure of members – 2 years
    • Appeals heard by – TDSAT (Telecom Disputes Settlement and Appellate Tribunal). 
  • Allows cross-border data transfer to certain secure countries.
  • Permits Indian government access to Indians’ data in those countries.

Justice BN Srikrishna committee:

  • Constituted in 2017.
  • TaskTo formulaterecommendations for data protection.
  • Examined issues related to personal data and privacy.
  • Proposed a draft Personal Data Protection Bill.

Right to Privacy:

  • In K.S. Puttaswamy v. Union of India (2017) – Supreme Court affirmed that Article 21’s right to life and personal liberty implicitly includes right to privacy.
  • Considered fundamental and inalienable.
  • Encompasses personal information and choices.
  • Intrinsic part of Article 21 (right to life and personal liberty).

Source: The Hindu


Previous Year Question

‘Right to Privacy’ is protected under which Article of the Constitution of India?

[UPSC Civil Services Exam – 2021 Prelims]

(a) Article 15

(b) Article 19

(c) Article 21

(d) Article 29


Practice Question

With reference to Digital Personal Data Protection Act, consider the following statements:

  1. The Digital Personal Data Protection Act explicitly includes the “Right to be Forgotten,”
  2. The act was enacted based on the recommendation of the committee headed by retired Justice B N Srikrishna.

Which of the statements given above is/are correct?

 
 
 
 

Question 1 of 1

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